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Legislation #: 091073 Introduction Date: 12/17/2009
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS FORD, JOHNSON, GOTTSTEIN AND CIRCO
Title: Rezoning an area of approximately 5.68 acres generally located at the Northeast quadrant of Missouri Route 92 and N. Winan Road from District GP-7 to District GP-6, and zoning 316.59 acres of newly annexed property in that same general location to District GP-6, and approving a development plan. (14064-GP)

Legislation History
DateMinutesDescription
12/18/2009 Filed by the Clerk's office
12/17/2009 Referred to Planning and Zoning Committee
1/6/2010 Hold On Agenda (1/20/2010)
1/20/2010 Hold On Agenda (2/3/2010)
2/3/2010 Do Pass as a Second Committee Substitute
2/4/2010 Assigned Third Read Calendar as Substituted
2/11/2010 Councilmember Ford Move To Hold On Docket
2/11/2010 Held on Docket (2/25/2010)
2/25/2010 Councilmember Ford Move To Hold Off Docket
2/25/2010 Held off Docket
7/20/2011 Release
7/21/2011 Released

View Attachments
FileTypeSizeDescription
Petition 0K A Petition of Protest was submitted under No. 100125.
091073 2d cs to cs-com.docx Advertise Notice 21K compared version-2d comm sub to comm sub
091073 cs to org ord-com.docx Advertise Notice 24K revised compared version-comm sub to org ord
091073 cs to org ord-com.docx Advertise Notice 19K compared version-comm sub to original ord
C000100AN7_Fact_Sheet.doc Fact Sheet 223K fact sheet
C000100AN7_STAFFREPORT_12_15_09.doc Staff Report 255K staff report

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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 091073

 

Rezoning an area of approximately 5.68 acres generally located at the Northeast quadrant of Missouri Route 92 and N. Winan Road from District GP-7 to District GP-6, and zoning 316.59 acres of newly annexed property in that same general location to District GP-6, and approving a development plan. (14064-GP)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0863, rezoning an area of approximately 5.68 acres generally located at the Northeast quadrant of Missouri Route 92 and N. Winan Road from District GP-7 (Agricultural and Low Density Residential) to District GP-6 (Low Density Residential), and zoning 316.59 acres of newly annexed property in that same general location to District G-6 (Low Density Residential); the two separate areas are specifically described as follows:

 

Section 80-11A0863. That an area legally described as:

 

All that part of Section 35 and the East one-half of Section 34, Township 53, Range 34, all being in Platte County, Missouri, being described as follows: Beginning at a point on the Northerly City Limit line of the City of Kansas City, Missouri, also being a point on the boundary of Unincorporated Platte County, said Point being North 00 degrees 52 minutes 02 seconds East, along the West line of the Southwest Quarter of said Section 53, a distance of 180.01 feet from the Southwest corner of the Southwest Quarter of said Section 35, thence South 89 degrees 50 minutes 34 seconds East, along the Northerly line of City of Kansas City (City limit line) also being a point on the boundary of Unincorporated Platte County, a distance of 2111.80 feet to a point on the Northerly Right-of-Way line of Missouri State Highway #92; thence Southwesterly along a curve to the right, having an initial tangent bearing of South 65 degrees 38 minutes 20 seconds West, having a radius of 1392.34 feet, an arc distance of 589.07 feet; thence continuing along the Northerly Right-of-Way line of said Missouri State Highway #92, South 89 degrees 52 minutes 47 seconds West, a distance of 1542.41 feet to a point on the West line of Southwest Quarter of said Section 53; thence North 00 degrees 52 minutes 02 seconds East, along the West line of the Southwest Quarter of said Section 35, a distance of 133.01 feet to the Point of Beginning. Said tract contains 5.68 acres, more or less.

is hereby rezoned from District GP-7 (Agricultural and Low Density Residential) to District GP-6 (Low Density Residential), and a newly annexed area legally described as:

 

All that part of Section 35 and the East one-half of Section 34, Township 53, Range 34all being in Platte County, Missouri, being described as follows: Beginning at the Northeast corner of the South one-half of the Northwest Quarter of said Section 35, also being the Northwest Corner of the Southwest Quarter of the Northeast Quarter of said Section 35; thence South 89 degrees 49 minutes 04 seconds East along the North line of the Southwest Quarter of the Northeast Quarter of said Section 35, a distance of 1323.31 feet to the Northeast Corner of the Southwest Quarter of the Northeast Quarter of said Section 35; thence South 00 degrees 34 minutes 10 seconds West along the East line of the Southwest Quarter of the Northeast Quarter of said Section 35, a distance of 1317.65 feet to the Southeast Corner of the Southwest Quarter of the Northeast Quarter of said Section 35; thence South 00 degrees 41 minutes 12 seconds West along the East line of the Northwest Quarter of the Southeast Quarter of said Section 35, a distance of 1016.71 feet to the Northerly Right-of-Way line of Missouri State Highway #92; thence South 51 degrees 56 minutes 47 seconds West along said Right-of-Way line, a distance of 2033.10 feet; thence continuing along said Right-of-Way line, Southwesterly along a curve to the right, being tangent to the last described course having a radius of 1392.34 feet, an arc distance of 332.74 feet to a point on the Platte County-Kansas City City Limit Line; thence North 89 degrees 50 minutes 34 seconds West, along said Platte County-Kansas City City Limit Line and running 180.00 feet North of and parallel to the South Line of the Southwest Quarter of said Section 35, a distance of 2154.69 feet to a point 30.00 feet West of the centerline of N. Winan Road and 42.89 feet West of the West line of the Southwest Quarter of said Section 35; thence North 01 degrees 18 minutes 10 seconds East and running 30.00 feet West of and parallel to the centerline of said N. Winan Road, a distance of 1695.97 feet to a point lying 30.00 feet West of the West line of the Southwest Quarter of said Section 35; thence North 00 degrees 52 minutes 02 seconds East and running 30.00 feet West of and parallel to the West line of the Southwest Quarter of said Section 35 and along the Easterly line of Lots 1 and 2, WILLARD EDWARDS FARMS, a subdivision of land in Platte County, Missouri and its Southerly prolongation thereof, a distance of 754.12 feet to the Northeast corner of said Lot 1, also being the Southeast corner of Lot 2, SUNFLOWER ESTATES, a subdivision of land in Platte County, Missouri; thence North 00 degrees 51 minutes 35 seconds East and running 30.00 feet West of and parallel to the West line of the Northwest Quarter of said Section 35, along the Easterly line of Lots 1 and 2 of said SUNFLOWER ESTATES, and its Northerly prolongation thereof, a distance of 1316.12 feet to a point lying 30.00 feet West of the Northwest corner of the South one-half of the Northwest Quarter of said Section 35; thence South 89 degrees 49 minutes 57 seconds East, along the North line of the South one-half of the Northwest Quarter of said Section 35 and its Westerly prolongation thereof, a distance of 2671.80 feet to the Point of Beginning. Said tract contains 316.59 Acres more or less.

is hereby zoned District G-6 (Low Density Residential), all as shown outlined on a map marked Section 80-11A0863, which is attached hereto and made a part hereof, and which is hereby adopted as a part of an amendment to the zoning maps constituting a part of said chapter and as an amendment to Section 80-11 thereof.

 

Section B. That a development plan for 657 residential lots in the combined area of the two above-described areas is hereby approved, subject to the following conditions:

 

1. That the developer cause the area to be platted and processed in accordance with Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Subdivision Regulations.

 

2. That the developer submit a macro "overall" storm drainage study for the entire development to Development Services for review and acceptance at the time the first plat is submitted, with a micro "detailed" storm drainage study, including a BMP level of service analysis, to be submitted for each phase at the time of final platting, and that the developer secure permits to construct any improvements as required by Development Services prior to recording the plat.

 

3. That the developer dedicate additional right of way for a secondary arterial as required by Development Services so as to provide a minimum of 40 feet of right of way as measured from the centerline of N. Winan Avenue.

 

4. That the developer design and construct all interior streets to City standards, as required by Development Services, including curb, gutter, storm sewers, streetlights, and sidewalks, with exceptions to the standards noted on the typical details included with the approved development plan.

 

5. That the arterial improvements proposed on the development plans be reviewed and accepted by the Transportation Development Committee and the Impact Fee District Committee before an application for impact fee credits will be accepted.

 

6. That the developer obtain the grading consents, and all grading, temporary construction and drainage/sewer easements from the abutting property owner prior to submitting any public improvements.

 

7. That the developer subordinate to the City all private interest in the area of any right-of-way dedication, as required by Development Services, and that the developer be responsible for all costs associated with subordination activities now and in the future.

 

8. That after the City Plan Commission enters its disposition for the development plan, the developer shall not enter into any agreement that would encumber or otherwise have any impact on the proposed right-of-way dedications within the planned boundary without the prior written consent of Development Services.

 

9. That the developer construct temporary off-site cul-de-sacs as required by Development Services.

 

10. That the developer submit a street name signage plan for the entire development area for approval by the Street Naming Committee prior to submittal of the first final plat.

 

11. That the developer submit plans for grading, siltation, and erosion control to Development Services for review, acceptance, and permitting prior to beginning any construction activities, prior to recording the plat.

 

12. That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more, prior to recording the plat.

 

13. That the developer note on the preliminary and final plats that the development is served by the Platte County Regional Sewer District. Permitting, operation, and maintenance of the sanitary sewer system is the responsibility of the Platte County Regional Sewer District.

 

14. That the developer secure permits to provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by Development Services, prior to recording the plat.

 

15. That access restrictions be provided to prohibit direct vehicular access to N. Winan Avenue and/or M-92 Highway from all lots or units and that the restriction be placed on the final plat.

 

16. That the developer grant a Noise and Aviation Easement to the City as required by Development Services, prior to recording the plat.

 

17. That the developer grant a Surface Drainage Easement to the City as required by Development Services, on the final plat.

 

18. That the developer grant a BMP Easement to the City, as required by Development Services, on the final plat.

 

19. That the developer submit a final stream buffer plan, prepared in accordance with Chapter 65, for review and acceptance by Development Services, with the final plat application.

 

20. That the final stream buffer zones be shown and labeled on the final plat within a private open space tract.

 

21. That the developer submit covenants, conditions and restrictions to Development Services for approval by the Law Department and enter into covenant agreements for the maintenance of any private open space tracts with stream buffer zones or stormwater detention area tracts, prior to recording the plat.

 

22. That the developer verify the acceptance by the Platte County Regional Sewer District of the use of the Pump Station/Force Main and gravity system to convey sewage to treatment plant prior to council introduction of the ordinance to approve the development plan.

 

23. That the developer submit a street tree planting plan as part of the final plat with a copy to be submitted to the Department of City Development, secure the approval of the City Forester for street trees planted on right of way in front of residential lots, and plant the street trees in conformance with the plan approved by the City Forester. The plan shall include size, type, species and placement of trees.

 

24. That the developer construct hard surface all-weather roads and provide for fire protection as required by the Fire Department prior to construction beyond footings and foundations.

 

25. That the developer obtain permission from MoDOT to work in the state right of way and construct improvements as shown in the plan according to MoDOT requirements.

 

26. That the developer provide for the de-annexation from the Platte County Public Water Supply District #4 as soon as reasonably possible after annexation of the land into Kansas City and provide exclusive water main easements, relocate and extend water mains as required by the KCMO Water Services Department at the time of final plats.

 

27. That the developer widen N. Winan Avenue along the property frontage where necessary so as to provide a minimum pavement width of 22 feet between Missouri Route 92 and the northern most entrance of each phase of the development as required by the Department of Public Works.

 

28. That the developer provide adequate intersection sight distance at all development entrance intersections along N. Winan Avenue as required by the Department of Public Works.

 

29. That the developer improve the vertical alignment of N. Winan Avenue between N.W. 132nd Street and MO-92 Highway so as to provide at least the minimum stopping sight distance in accordance with secondary arterial street design standards (design speed of 40 miles per hour) as required by the Department of Public Works.

 

30. That the developer extend the culvert and widen the pavement of N. Interurban Avenue at the existing one-lane culvert road crossing located approximately 2900 feet south of MO-92 Highway so as to provide a minimum pavement width of 22 feet plus suitable lateral clearance plus guardrails on each side of the pavement as required by the Department of Public Works.

 

31. That the developer provide turn lanes at the Missouri Route 92 and N. Winan Road intersection as required by the Missouri Department of Transportation.

 

32. That the developer provide a right turn lane at the Missouri Route 92 and Interurban Road as required by the Missouri Department of Transportation after 300 homes are constructed.

 

33. That the developer dedicate an additional 100 feet of right of way along the north side and along the entire width of the project of Missouri Route 92 for a total ultimate right of width of 140 feet as measured from the centerline of Missouri Route 92 as required by the Missouri Department of Transportation.

 

34. That the developer widen the Missouri Route 92 cross section to a total of three lanes (two way left turn lane, TWLTL) from N. Winan Road to just east of the development's east access as required by the Missouri Department of Transportation.

 

35. That the developer provide for basic intersection lighting at the Missouri Route 92 and N. Winan Road and the two proposed entrances on Missouri Route 92 as shown on the development plan, as required by the Missouri Department of Transportation.

 

36. That the developer construct no structure which exceeds the Kansas City International Airport height zoning restrictions.

 

37. That the developer enter into a Fair Disclosure Agreement to provide disclosure at the time of any real estate transaction.

 

38. That the developer submit a final plan to the City Plan Commission for approval which includes detailed information on landscaping, fences or walls along Missouri Route 92, signage and architectural features, the private open space areas for parkland dedication, as shown on the development plan.

 

39. Prior to the recording of the final plat, the City and developer will enter into a cooperative agreement memorializing that the developer and its successor, the homeowners’ association, at their own expense, will provide snow removal and solid waste and recycling services on behalf of the City.

 

40. That the developer shall include a notice in the covenants, conditions, and restrictions that the developer or successor homes association will be responsible for provide solid waste and recycling services and snow removal, and that all homes built in the development must contain sprinkler systems.

 

41. That the developer enter into a Disclosure Agreement to provide a disclosure for any real estate transaction as required by the City Development Department regarding noise, proximity to quarrying operations, garbage collection, recycling, snow removal service, and the sprinkler system requirement.

 

A copy of said development plan is on file in the office of the City Clerk with this ordinance and is made a part hereof.

 

Section C. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by the Zoning Ordinance have been given and had.

 

_____________________________________________

 

I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney